A senior tribunal member has expressed exasperation over legislators' continued failure to address shortcomings in the Fair Entitlements Guarantee scheme after being forced to hand down an "unfair and unjust" decision denying two workers almost $70,000 in redundancy entitlements due to a liquidator's actions.
The FWC has found a Telstra HR specialist properly handled an OHS representative's challenge to his retrenchment, despite the CEPU contending his selection was "infected by bias" due to his role and a history of interpersonal conflict with his manager.
The Morrison Government has cut back funding for the Fair Entitlements Guarantee in the 2021-22 Federal Budget, but still expects an increase in claims as COVID-19 support for business is wound back and more employers go into liquidation.
The Federal Court has today refused a rail union bid to stop the retrenchment and redeployment of employees of Melbourne public transport operator Metro Trains, after the company gave an undertaking it wouldn't proceed while the RTBU seeks an expedited dispute hearing in the FWC.
A large catering contractor did not coerce its workers when it warned them they would lose their jobs and forgo severance if they failed to approve a pay cut for new employees, the FWC has found.
A FWC member has resisted criticising labour hire company Workpac for mishandling the redundancies of five mine workers due to "extraordinary" COVID-19 circumstances but expressed disbelief at resource giant South32's ignorance of its supplier's statutory obligations.
A loyal former Toyota manager has been awarded $276,681 damages after being sacked in part because his young son ate some "leftover" pizza purchased on his company credit card during a business trip.
In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.
In what the CFMMEU is hailing as another win in a similar vein to the landmark Skene and Rossato rulings, the Federal Court has overruled the Attorney-General's Department's "parsimonious" refusal to include a 25% casual loading in a mineworker's FEG payout.
A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.
